The Outdated Laws of Outer Space

Outer space is abound with a virtually infinite supply of materials that could redefine life on Earth. As noted by Reynolds, “The smallest known near-Earth metal asteroid contains more metal than has been mined by humanity since the beginning of time” (Reinstein 1999). One of the most valuable resources in our solar neighborhood is Helium-3 on the Moon, with reserves estimated to be capable of creating ten times as much energy as the Earth’s fossil fuels (Reinstein 1999). It seems like the sky is next frontier of business – but where are all the competitors?

It turns out that the basis of international law regarding outer space comes from the Cold War. The United States and USSR created the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Outer Celestial Bodies, OST for short, in an attempt to stop each other from militarizing space (McDougal et. al 1963). One-hundred other nations have signed onto this treaty, making it weakly international law (Reinstein 1999).

The OST essentially approves of “exploration and use” of space and its celestial bodies, but “carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and [for] the province of all mankind” (Reinstein 1999). Since the goal of the treaty was to prevent militarization, and not promote private business, many of the terms are left vague – even “outer space” is not properly defined (Keefe 1995). This poor wording makes the legal risk of colonizing and excavating sections of celestial bodies outweigh any potential benefits for modern business.

Even worse is the OST’s outlook on property rights. “For the benefit and in the interests of all countries” implies that every country will be given equal geological footing in outer space; that is, no country will be able to claim any land as theirs. But because countries maintain jurisdiction over the astronauts they send to this land, the astronauts themselves are not allowed to claim any land for themselves (Reinstein 1999). Any resources mined or materials otherwise gained by a business would need to somehow be partitioned among all countries, even if funded privately (Reynolds et. al 1989). This partitioning would likely require an international committee, and it is not hard to see how quickly the OST complicates every aspect of space colonization (Reinstein 1999). Since this treaty disincentivizes individual effort, it is highly unlikely that any cosmic exploration mission will be launched anytime soon (Keefe 1995).

Gruner suggests the opposite ethical approach to the OST – focus on the ambitions of the first-world countries. He argues that we must colonize space before overpopulation and resource depletion start destabilizing our world. Expansion of the human race into outer space, if done right, could remedy both of these problems. Motivation for potential colonizers and miners would draw upon the 19th century American ideas of land ownership. Instead of racing out west, however, settlers would be racing to the Moon and to Mars (Gruner 2004).

The current set of treaties outlining the laws of outer space are so outdated that many nations nowadays view them more as guidelines for future laws than as laws themselves (Gruner 2004). Whether humanity comes together and puts every country on equal footing or chooses to expedite the efforts of richer countries, the overall format and effect of our laws regarding outer space exploration need to be redrafted if we wish to ever settle another planet.

References

Reinstein EJ. 1999. Owning Outer Space 59:74

McDougal MS, Lasswell HD, Vlasic IA, Smith JC. 1963. The Enjoyment and Acquisition of Resources in Outer Space 541:560

Reynolds GH, Merges RP. 1989. Outer Space: Problems of Law and Policy 275:278

Keefe H. 1995. Making the Final Frontier Feasible: A Critical Look at the Current Body of Outer Space Law 345:371

Gruner BC. 2004. A New Hope For International Space Law: Incorporating Nineteenth Century First Possession Principles Into The 1967 Space Treaty For The Colonization Of Outer Space In The Twenty-First Century 299:357